Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “broom clean” and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired by Tenant under Section 15.1 above and repairs to be made by Landlord pursuant to Section 15.1 above. In addition, upon the termination or expiration of the Term of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premises. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenant. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry right, Tenant shall be deemed to be occupying the Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth in Section 5.9 above. No such holding over shall extend the Term of this Lease. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.
Appears in 2 contracts
Sources: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter re-enter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “broom clean” and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant fails to surrender possession as herein required, upon Landlord may, without giving Tenant prior notice to vacate the termination Premises or expiration any other notice, initiate any and all legal action as Landlord may elect to dispossess Tenant and all of the Term of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Buildingproperty, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result persons or firms claiming by, through or under Tenant and all of a Tenant default under this Lease or otherwise) on any trade fixturestheir property, office supplies, movable office furniture and equipment or other personal property of Tenant’s in from the Premises. All personal property, trade fixtures and other property of Tenant not removed may remove from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and store (without any obligation to account toliability for loss, Tenant theft, damage or destruction thereto) any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from at Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenantcost. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry re-entry right, Tenant shall be deemed to be occupying the Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth twice the per day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.
Appears in 1 contract
Sources: Lease Agreement (TRX Inc/Ga)
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “broom clean” and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant is in default under this Lease, upon the termination or expiration Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Term Utah Code ▇▇▇. (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premises. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenantrelease. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry right, Tenant shall be deemed to be occupying the Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth one hundred fifty percent (150%) of the per-day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.
Appears in 1 contract
Sources: Lease Agreement (Skullcandy, Inc.)
Right of Reentry. Upon the expiration or termination of the Term of this Lease Term, for whatever cause, or upon the exercise by Landlord of its right to reenter re-enter the Leased Premises without terminating this LeaseLease after an Event of Default, Tenant shall immediately, quietly quietly, and peaceably surrender to Landlord possession of the Leased Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “broom clean” and good order, condition condition, and repair, except only for ordinary wear and tear, the provisions of Section 8.2, damage by casualty not required to repaired covered by Tenant under Section 15.1 above and 15.2, repairs to be made by Landlord pursuant to Section 15.1 above. In additionSections 14 and 15.1, upon the termination or expiration and any condition of the Term Leased Premises caused by Landlord. If Tenant fails to surrender possession as herein required, Landlord may initiate any and all legal action as Landlord may elect to dispossess Tenant and all of this Leaseits property, and all Persons claiming by, through, or under Tenant shalland all of their property, from the Leased Premises, and may remove from the Leased Premises and store (without any liability for loss, theft, damage, or destruction thereto, unless caused by Landlord’s gross negligence) any such property at its expense, remove Tenant’s trade fixturessole liability, office supplies, movable office furniture and equipment not attached to the Buildingcost, and repair all damage caused by such removalexpense. Landlord hereby waives any lien Landlord may have (For so long as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premises. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenant. While Tenant remains in possession of the Leased Premises after such expiration, termination termination, or exercise by Landlord of its reentry re-entry right, Tenant shall be deemed to be occupying the Leased Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under pursuant to this Lease, except that the daily Base Rent shall be as set forth one hundred fifty percent (150%) of the per day Rent in Section 5.9 aboveeffect immediately prior to such expiration, termination, or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Leased Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Leased Premises to such condition.
Appears in 1 contract
Sources: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “broom clean” and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above paragraph 15.2 and repairs to be made by Landlord pursuant to paragraph 15.1. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 15.1 above38-3-1, et seq., Utah Code ▇▇▇. In addition(or any replacement provision). Landlord may require Tenant to remove any personal property, upon trade fixtures, other property, alterations, additions and improvements made to the termination Premises by Tenant or expiration of by Landlord for Tenant, and to restore the Term Premises to their condition on the date of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture adjusted for ordinary wear and equipment not attached to the Building, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premisestear. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release, which release Landlord shall deliver within thirty (30) days of such surrender obligationsinspection. Landlord Inspection shall use commercially reasonable efforts to perform such inspection and deliver such written release occur within ten five (105) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by TenantLease. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry right, Tenant shall be deemed to be occupying the Premises as a tenant-at-tenant at sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth one hundred fifty percent (150%) of the per-day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.
Appears in 1 contract
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “"broom clean” " and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired by Tenant under Section 15.1 above and repairs to be made by Landlord pursuant to Section 15.1 above15.
1. In additionIf Tenant is in default under this Lease, upon the termination or expiration Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Term Utah Code Ann. (▇r any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture except only for ordinary wear and equipment not attached to the Buildingtear, and repair all damage caused repairs to be made by such removal. Landlord hereby waives any lien Landlord may have (as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premisespursuant to Section 15.
1. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenant. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry right, Tenant shall be deemed to be occupying the Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth one hundred twenty-five percent (125%) of the per-day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s 's expense, restore the Premises to such condition.
Appears in 1 contract
Sources: Lease Agreement (Ventro Corp)
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold tenant improvements and alterations not required by Landlord to be removed pursuant to Article 11 above therein in “"broom clean” " and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant is in default under this Lease, upon the termination or expiration Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Term Utah Code Ann. (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premises. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenant. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry right, Tenant shall be deemed to be occupying the Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth one hundred fifty percent (150%) of the Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s 's expense, restore the Premises to such condition.
Appears in 1 contract
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter re-enter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “"broom clean” " and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant fails to surrender possession as herein required, upon Landlord may, without giving Tenant prior notice to vacate the termination Premises or expiration any other notice, initiate any and all legal action as Landlord may elect to dispossess Tenant and all of the Term of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Buildingproperty, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result persons or firms claiming by, through or under Tenant and all of a Tenant default under this Lease or otherwise) on any trade fixturestheir property, office supplies, movable office furniture and equipment or other personal property of Tenant’s in from the Premises. All personal property, trade fixtures and other property of Tenant not removed may remove from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and store (without any obligation to account toliability for loss, Tenant theft, damage or destruction thereto) any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from at Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenant's cost. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry re-entry right, Tenant shall be deemed to be occupying the Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth twice the per day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s Tenants expense, restore the Premises to such condition.
Appears in 1 contract
Sources: Lease Agreement (Petes Brewing Co)
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter re-enter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “"broom clean” " and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant fails to surrender possession as herein required, upon Landlord may, without giving Tenant prior notice to vacate the termination Premises or expiration any other notice, initiate any and all legal action as Landlord may elect to dispossess Tenant and all of the Term of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Buildingproperty, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result persons or firms claiming by, through or under Tenant and all of a Tenant default under this Lease or otherwise) on any trade fixturestheir property, office supplies, movable office furniture and equipment or other personal property of Tenant’s in from the Premises. All personal property, trade fixtures and other property of Tenant not removed may remove from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and store (without any obligation to account toliability for loss, Tenant theft, damage or destruction thereto) any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from at Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenant's cost. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry re-entry right, Tenant shall be deemed to be occupying the tile Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall EXHIBIT 10.4 be as set forth twice the per day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord; provided, that if Tenant provides notice to Landlord no less than six (6) months prior to the scheduled expiration date of this Lease that Tenant desires to holdover for a term of six (6) months, then the daily rent shall be one hundred seventy-five percent (175%) of the per day rent in effect immediately before such expiration, termination or exercise by Landlord, and Tenant shall be entitled to holdover for a period not to exceed six (6) months. No such holding over shall extend the Term and no further notice to Landlord by Tenant shall extend Tenant's permitted occupancy of this Leasethe Premises. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s 's expense, restore the Premises to such condition.
Appears in 1 contract
Sources: Lease Agreement (Objectspace Inc)
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “broom clean” and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant is in default under this Lease, upon the termination or expiration Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Term Utah Code A▇▇. (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premises. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenant. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry right, Tenant shall be deemed to be occupying the Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth one hundred fifty percent (150%) of the Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.
Appears in 1 contract
Right of Reentry. Upon the expiration or termination of the Term of this Lease for ---------------- whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “"broom clean” " and good order, condition and repair, except only for ordinary wear and tear, condemnation, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant is in default under this Lease, upon the termination or expiration Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Term Utah Code ▇▇▇. -- --- (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant without Landlord's prior written consent, and to restore the Premises to their condition on the date of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premises. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s 's obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenantrelease. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry right, Tenant shall be deemed to be occupying the Premises as a tenant-tenant- at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth one hundred fifty percent (150%) of the per- day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s 's expense, restore the Premises to such condition.
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Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “broom clean” and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant is in default under this Lease, upon the termination or expiration Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38–3–1, et seq., of the Term Utah Code A▇▇. (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result of a Tenant default under this Lease or otherwise) on any trade fixtures, office supplies, movable office furniture and equipment or other personal property of Tenant’s in the Premises. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenantrelease. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry right, Tenant shall be deemed to be occupying the Premises as a tenant-–at-–sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth one hundred fifty percent (150%) of the per–day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term of this LeaseTerm. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.
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Sources: Lease Agreement (Overstock Com Inc)
Right of Reentry. Upon the expiration or termination of the Term of this Lease for whatever cause, or upon the exercise by Landlord of its right to reenter re-enter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises and all Tenant Improvements and other leasehold improvements and alterations not required by Landlord to be removed pursuant to Article 11 above in “"broom clean” " and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not required to repaired covered by Tenant under Section 15.1 above 15.2 and repairs to be made by Landlord pursuant to Section 15.1 above15.1. In additionIf Tenant fails to surrender possession as herein required, upon Landlord may, without giving Tenant prior notice to vacate the termination Premises or expiration any other notice, initiate any and all legal action as Landlord may elect to dispossess Tenant and all of the Term of this Lease, Tenant shall, at its expense, remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Buildingproperty, and repair all damage caused by such removal. Landlord hereby waives any lien Landlord may have (as a result persons or firms claiming by, through or under Tenant and all of a Tenant default under this Lease or otherwise) on any trade fixturestheir property, office supplies, movable office furniture and equipment or other personal property of Tenant’s in from the Premises. All personal property, trade fixtures and other property of Tenant not removed may remove from the Premises on the abandonment of the Premises or on the expiration of the Term of this Lease or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and store (without any obligation to account toliability for loss, Tenant theft, damage or destruction thereto) any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from at Tenant’s obligations under this Lease in connection with the surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release of such surrender obligations. Landlord shall use commercially reasonable efforts to perform such inspection and deliver such written release within ten (10) business days after the later of the expiration or early termination of this Lease and the date Tenant has vacated and surrendered exclusive possession of the Premises to Landlord in compliance with such surrender obligations; provided, however, Landlord’s failure to perform such inspection and/or deliver such release within such 10-business day period shall not relieve Tenant from any of such surrender obligations that have not been performed or complied with by Tenant's cost. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its reentry re-entry right, Tenant shall be deemed to be occupying the tile Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be as set forth twice the per day Rent in Section 5.9 aboveeffect immediately before such expiration, termination or exercise by Landlord; provided, that if Tenant provides notice to Landlord no less than six (6) months prior to the scheduled expiration date of this Lease that Tenant desires to holdover for a term of six (6) months, then the daily rent shall be one hundred seventy-five percent (175%) of the per day rent in effect immediately before such expiration, termination or exercise by Landlord, and Tenant shall be entitled to holdover for a period not to exceed six (6) months. No such holding over shall extend the Term and no further notice to Landlord by Tenant shall extend Tenant's permitted occupancy of this Leasethe Premises. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s 's expense, restore the Premises to such condition.
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Sources: Lease Agreement (Objectspace Inc)